Rhode Island reaches deal doubling methane power at landfill

Global Electricity Demand Surge underscores rising coal generation, lagging renewables deployment, and escalating emissions, as nations prioritize reliable power; nuclear energy and grid decarbonization emerge as pivotal solutions to the electricity transition.

Key Points

A rapid post-lockdown rise in power consumption, outpacing renewables growth and driving higher coal use and emissions.

✅ Coal generation rises faster than wind and solar additions

✅ Emissions increase as economies prioritize reliable baseload power

✅ Nuclear power touted for rapid grid decarbonization

By Robert Bryce

As the Covid lockdowns are easing, the global economy is recovering and that recovery is fueling blistering growth in electricity use. The latest data from Ember, the London-based “climate and energy think tank focused on accelerating the global electricity transition,” show that global power demand soared by about 5% in the first half of 2021. That’s faster growth than was happening back in 2018 when electricity use was increasing by about 4% per year.

The numbers from Ember also show that despite lots of talk about the urgent need to reduce greenhouse gas emissions, coal demand for power generation continues to grow and emissions from the electric sector continue to grow: up by 5% over the first half of 2019. In addition, they show that while about half of the growth in electricity demand was met by wind and solar, as low-emissions sources are set to cover almost all new demand over the next three years, overall growth in electricity use is still outstripping the growth in renewables. 

The soaring use of electricity, and increasing emissions from power generation confirm the sage wisdom of Rasheed Wallace, the volatile former power forward with the Detroit Pistons and other NBA teams, and now an assistant coach at the  University of Memphis, who coined the catchphrase: “Ball don’t lie.” If Wallace or one of his teammates was called for a foul during a basketball game that he thought was undeserved, and the opposing player missed the ensuing free throws, Wallace would often holler, “ball don’t lie,” as if the basketball itself was pronouncing judgment on the referee’s errant call. 

I often think about Wallace’s catchphrase while looking at global energy and power trends and substitute my own phrase: numbers don’t lie.

Over the past few weeks Ember, BP, and the International Energy Agency have all published reports which come to the same two conclusions: that countries all around the world — and China's electricity sector in particular — are doing whatever they need to do to get the electricity they need to grow their economies. Second, they are using lots of coal to get that juice. 

As I discuss in my recent book, A Question of Power: Electricity and the Wealth of Nations, Electricity is the world’s most important and fastest-growing form of energy. The Ember data proves that. At a growth rate of 5%, global electricity use will double in about 14 years, and as surging electricity demand is putting power systems under strain around the world, the electricity sector also accounts for the biggest single share of global carbon dioxide emissions: about 25 percent. Thus, if we are to have any hope of cutting global emissions, the electricity sector is pivotal. Further, the soaring use of electricity shows that low-income people and countries around the world are not content to stay in the dark. They want to live high-energy lives with access to all the electronic riches that we take for granted.  

 Ember’s data clearly shows that decarbonizing the global electric grid will require finding a substitute for coal. Indeed, coal use may be plummeting in the U.S. and western Europe, where U.S. electricity consumption has been declining, but over the past two years, several developing countries including Mongolia, China, Bangladesh, Vietnam, Kazakhstan, Pakistan, and India, all boosted their use of coal. This was particularly obvious in China, where, between the first half of 2019 and the first half of 2021, electricity demand jumped by about 14%. Of that increase, coal-fired generation provided roughly twice as much new electricity as wind and solar combined. In Pakistan, electricity demand jumped by about 7%, and coal provided more than three times as much new electricity as nuclear and about three times as much as hydro. (Wind and solar did not grow at all in Pakistan over that period.) 

Hate coal all you like, but its century-long persistence in power generation proves its importance. That persistence proves that climate change concerns are not as important to most consumers and policymakers as reliable electricity. In 2010, Roger Pielke Jr. dubbed this the Iron Law of Climate Policy which says “When policies on emissions reductions collide with policies focused on economic growth, economic growth will win out every time.” Pielke elaborated on that point, saying the Iron Law is a “boundary condition on policy design that is every bit as limiting as is the second law of thermodynamics, and it holds everywhere around the world, in rich and poor countries alike. It says that even if people are willing to bear some costs to reduce emissions (and experience shows that they are), they are willing to go only so far.”

Over the past five years, I’ve written a book about electricity, co-produced a feature-length documentary film about it (Juice: How Electricity Explains the World), and launched a podcast that focuses largely on energy and power. I’m convinced that Pielke’s claim is exactly right and should be extended to electricity and dubbed the Iron Law of Electricity which says, “when forced to choose between dirty electricity and no electricity, people will choose dirty electricity every time.” I saw this at work in electricity-poor places all over the world, including India, Lebanon, and Puerto Rico. 

Pielke, a professor at the University of Colorado as well as a highly regarded author on the politics of climate change and sports governance, has since elaborated on the Iron Law. During an interview in Juice, he explained it thusly: “The Iron Law says we’re not going to reduce emissions by willingly getting poor. Rich people aren't going to want to get poorer, poor people aren't going to want to get poorer.” He continued, “If there is one thing that we can count on it is that policymakers will be rewarded by populations if they make people wealthier. We're doing everything we can to try to get richer as nations, as communities, as individuals. If we want to reduce emissions, we really have only one place to go and that's technology.”

Pielke’s point reminds me of another of my favorite energy analysts, Robert Rapier, who made a salient point in his Forbes column last week. He wrote, “Despite the blistering growth rate of renewables, it’s important to keep in mind that overall global energy consumption is growing. Even though global renewable energy consumption has increased by about 21 exajoules in the past decade, overall energy consumption has increased by 51 exajoules. Increased fossil fuel consumption made up most of this growth, with every category of fossil fuels showing increased consumption over the decade.” 

The punchline here – despite my tangential reference to Rasheed Wallace — is obvious: The claims that massive reductions in global carbon dioxide emissions must happen soon are being mocked by the numbers. Countries around the world are acting in their interest, particularly when it comes to their electricity needs and that is resulting in big increases in emissions. As Ember concludes in their report, wind and solar are growing, and some analyses suggest renewables could eclipse coal by 2025, but the “electricity transition” is “not happening fast enough.”

Ember explains that in the first half of 2021, wind and solar output exceeded the output of the world’s nuclear reactors for the first time. It also noted that over the past two years, “Nuclear generation fell by 2% compared to pre-pandemic levels, as closures at older plants across the OECD, especially amid debates over European nuclear trends, exceeded the new capacity in China.” While that may cheer anti-nuclear activists at groups like Greenpeace and Friends of the Earth, the truth is obvious: the only way – repeat, the only way – the electric sector will achieve significant reductions in carbon dioxide emissions is if we can replace lots of coal-fired generation with nuclear reactors and do so in relatively short order, meaning the next decade or so. Renewables are politically popular and they are growing, but they cannot, will not, be able to match the soaring demand for the electricity that is needed to sustain modern economies and bring developing countries out of the darkness and into modernity. 

Countries like China, Vietnam, India, and others need an alternative to coal for power generation. They need new nuclear reactors that are smaller, safer, and cheaper than the existing designs. And they need it soon. I will be writing about those reactors in future columns.

Related News

• Electricity Forum News

• Power Generation News

NTPC Bangladesh Power Supply Tender sees NVVN win 300 MW, long-term cross-border electricity trade to BPDB, enabled by 500 MW HVDC interconnection; rivals included Adani, PTC, and Sembcorp in the competitive bidding process.

Key Points

It is NTPC's NVVN win to supply 300 MW to Bangladesh's BPDB for 15 years via a 500 MW HVDC link.

✅ NVVN selected as L1 for short and long-term supply

✅ 300 MW to BPDB; delivery via India-Bangladesh HVDC link

✅ Competing bidders: Adani, PTC, Sembcorp

NTPC, India’s biggest electricity producer in a nation that is now the third-largest electricity producer globally, on Tuesday said it has won a tender to supply 300 megawatts (MW) of electricity to Bangladesh for 15 years.

Bangladesh Power Development Board (BPDP), in a market where Bangladesh's nuclear power is expanding with IAEA assistance, had invited tenders for supply of 500 MW power from India for short term (1 June, 2018 to 31 December, 2019) and long term (1 January, 2020 to 31 May, 2033). NTPC Vidyut Vyapar Nigam (NVVN), Adani Group, PTC and Singapore-bases Sembcorp submitted bids by the scheduled date of 11 January.

Financial bid was opened on 11 February, the company said in a statement, amid rising electricity prices domestically. “NVVN, wholly-owned subsidiary of NTPC Limited, emerged as successful bidder (L1), both in short term and long term for 300 MW power,” it said.

Without giving details of the rate at which power will be supplied, NTPC said supply of electricity is likely to commence from June 2018 after commissioning of 500 MW HVDC inter-connection project between India and Bangladesh, and as the government advances nuclear power initiatives to bolster capacity in the sector. India currently exports approximately 600 MW electricity to Bangladesh even as authorities weigh coal rationing measures to meet surging demand domestically.

Related News

• Electricity Forum News

• Power Generation News

Alberta Electricity Market faces energy-only vs capacity debate as transmission, distribution, and administration fees surge; rural rates rise amid a regulated duopoly of investor-owned utilities, prompting calls for competition, innovation, and lower bills.

Key Points

Alberta's electricity market is an energy-only system with rising delivery charges and limited rural competition.

✅ Energy-only design; capacity market scrapped

✅ Delivery charges outpace energy on monthly bills

✅ Rural duopoly limits competition and raises rates

Last week, Alberta’s new Energy Minister Sonya Savage announced the government, through its new electricity rules, would be scrapping plans to shift Alberta’s electricity to a capacity market and would instead be “restoring certainty in the electricity system.”

The proposed transition from energy only to a capacity market is a contentious subject as a market reshuffle unfolds across the province that many Albertans probably don’t know much about. Our electricity market is not a particularly glamorous subject. It’s complicated and confusing and what matters most to ordinary Albertans is how it affects their monthly bills.

What they may not realize is that the cost of their actual electricity used is often just a small fraction of their bill amid rising electricity prices across the province. The majority on an average electricity bill is actually the cost of delivering that electricity from the generator to your house. Charges for transmission, distribution and franchise and administration fees are quickly pushing many Alberta households to the limit with soaring bills.

According to data from Alberta’s Utilities Consumer Advocate (UCA), and alongside policy changes, in 2004 the average monthly transmission costs for residential regulated-rate customers was below $2. In 2018 that cost was averaging nearly $27 a month. The increase is equally dramatic in distribution rates which have more than doubled across the province and range wildly, averaging from as low as $10 a month in 2004 to over $80 a month for some residential regulated-rate customers in 2018.

Where you live determines who delivers your electricity. In Alberta’s biggest cities and a handful of others the distribution systems are municipally owned and operated. Outside those select municipalities most of Alberta’s electricity is delivered by two private companies which operate as a regulated duopoly. In fact, two investor-owned utilities deliver power to over 95 per cent of rural Alberta and they continue to increase their share by purchasing the few rural electricity co-ops that remained their only competition in the market. The cost of buying out their competition is then passed on to the customers, driving rates even higher.

As the CEO of Alberta’s largest remaining electricity co-op, I know very well that as the price of materials, equipment and skilled labour increase, the cost of operating follows. If it costs more to build and maintain an electricity distribution system there will inevitably be a cost increase passed on to the consumer. The question Albertans should be asking is how much is too much and where is all that money going with these private- investor-owned utilities, as the sector faces profound change under provincial leadership?

The reforms to Alberta’s electricity system brought in by Premier Klein in the late 1900s and early 2000s contributed to a surge in investment in the sector and led to an explosion of competition in both electricity generation and retail. 

More players entered the field which put downward pressure on electricity rates, encouraged innovation and gave consumers a competitive choice, even as a Calgary electricity retailer urged the government to scrap the overhaul. But the legislation and regulations that govern rural electricity distribution in Alberta continue to facilitate and even encourage the concentration of ownership among two players which is certainly not in the interests of rural Albertans.

It is also not in the spirit of the United Conservative Party platform commitment to a “market-based” system. A market-based system suggests more competition. Instead, what we have is something approaching a monopoly for many Albertans. The UCP promised a review of the transition to a capacity market that would determine which market would be best for Alberta, and through proposed electricity market changes has decided that we will remain an energy-only market.
Consumers in rural Alberta need electricity to produce the goods that power our biggest industries. Instead of regulating and approving continued rate increases from private multinational corporations, we need to drive competition and innovation that can push rates down and encourage growth and investment in rural-based industries and communities.

Related News

• Electricity Forum News

• Energy Policy News

Wave Energy Converters can deliver marine power to the grid, with DOE-backed PacWave enabling offshore testing, robust designs, and renewable electricity from oscillating waves to decarbonize coastal communities and replace diesel in remote regions.

Key Points

Wave energy converters are devices that transform waves' oscillatory motion into electricity for the grid or loads.

✅ DOE's PacWave enables full-scale, grid-connected offshore testing.

✅ Multiple designs convert oscillating motion into torque and power.

✅ Ideal for islands, microgrids, and replacing diesel generation.

Waves off the coast of the U.S. could generate 2.64 trillion kilowatt hours of electricity per year — that’s about 64% of last year’s total utility-scale electricity generation in the U.S. We won’t need that much, but one day experts do hope that wave energy will comprise about 10-20% of our electricity mix, alongside other marine energy technologies under development today.

“Wave power is really the last missing piece to help us to transition to 100% renewables, ” said Marcus Lehmann, co-founder and CEO of CalWave Power Technologies, one of a number of promising startups focused on building wave energy converters.

But while scientists have long understood the power of waves, it’s proven difficult to build machines that can harness that energy, due to the violent movement and corrosive nature of the ocean, combined with the complex motion of waves themselves, even as a recent wave and tidal market analysis highlights steady advances.

″Winds and currents, they go in one direction. It’s very easy to spin a turbine or a windmill when you’ve got linear movement. The waves really aren’t linear. They’re oscillating. And so we have to be able to turn this oscillatory energy into some sort of catchable form,” said Burke Hales, professor of cceanography at Oregon State University and chief scientist at PacWave, a Department of Energy-funded wave energy test site off the Oregon Coast. Currently under construction, PacWave is set to become the nation’s first full-scale, grid-connected test facility for these technologies, a milestone that parallels U.K. wind power lessons on scaling new industries, when it comes online in the next few years.

“PacWave really represents for us an opportunity to address one of the most critical barriers to enabling wave energy, and that’s getting devices into the open ocean,” said Jennifer Garson, Director of the Water Power Technologies Office at the U.S. Department of Energy.

At the beginning of the year, the DOE announced $25 million in funding for eight wave energy projects to test their technology at PacWave, as offshore wind forecasts underscore the growing investor interest in ocean-based energy. We spoke with a number of these companies, which all have different approaches to turning the oscillatory motion of the waves into electrical power.

Different approaches
Of the eight projects, Bay Area-based CalWave received the largest amount, $7.5 million. 

″The device we’re testing at PacWave will be a larger version of this,” said Lehmann. The x800, our megawatt-class system, produces enough power to power about 3,000 households.”

CalWave’s device operates completely below the surface of the water, and as waves rise and fall, surge forward and backward, and the water moves in a circular motion, the device moves too. Dampers inside the device slow down that motion and convert it into torque, which drives a generator to produce electricity, a principle mirrored in some wind energy kite systems as they harvest aerodynamic forces.

“And so the waves move the system up and down. And every time it moves down, we can generate power, and then the waves bring it back up. And so that oscillating motion, we can turn into electricity just like a wind turbine,” said Lehmann.

Another approach is being piloted by Seattle-based Oscilla Power, which was awarded $1.8 million from the DOE, and is getting ready to deploy its wave energy converter off the coast of Hawaii, at the U.S. Navy Wave Energy Test site.

Oscilla Power’s device is composed of two parts. One part floats on the surface and moves with the waves in all directions — up and down, side to side and rotationally. This float is connected to a large, ring-shaped structure which hangs below the surface, and is designed to stay relatively steady, much like how underwater kites leverage a stable reference to generate power. The difference in motion between the float and the ring generates force on the connecting lines, which is used to rotate a gearbox to drive a generator.

″The system that we’re deploying in Hawaii is what we call the Triton-C. This is a community-scale system,” said Balky Nair, CEO of Oscilla Power. “It’s about a third of the size of our flagship product. It’s designed to be 100 kilowatt rated, and it’s designed for islands and small communities.”

Nair is excited by wave energy’s potential to generate electricity in remote regions, which currently rely on expensive and polluting diesel imports to meet their energy needs when other renewables aren’t available, and similar tidal energy for remote communities efforts in Canada point to viable models. Before wave energy is adopted at-scale, many believe we’ll see wave energy replacing diesel generators in off-the-grid communities.

A third company, C-Power, based in Charlottesville, Virginia, was awarded more than $4 million to test its grid-scale wave energy converter at PacWave. But first, the company wants to commercialize its smaller scale system, the SeaRAY, which is designed for lower-power applications. 

″Think about sensors in the ocean, research, metocean data gathering, maybe it’s monitoring or inspection,” said C-Power CEO Reenst Lesemann on the initial applications of his device.

The SeaRAY consists of two floats and a central body, the nacelle, which contains the drivetrain. As waves pass by, the floats bob up and down, rotating about the nacelle and turning their own respective gearboxes which power the electric generators.

Eventually, C-Power plans to scale up its SeaRAY so that it’s capable of satellite communications and deep water deployments, before building a larger system, called the StingRAY, for terrestrial electricity generation.

Meanwhile, one Swedish company, Eco Wave Power, is taking another approach completely, eschewing offshore technologies in favor of simpler wave power devices that can be installed on breakwaters, piers, and jetties.

“All the expensive conversion machinery, instead of being inside the floaters like in the competing technologies, is on land just like a regular power station. So basically this enables a very low installation, operation, and maintenance cost,” explained CEO Inna Braverman.

Related News

• Electricity Forum News

• Renewable Energy News

Scottish Renewable Grid Upgrades address outdated infrastructure, expanding transmission lines, pylons, and substations to move clean energy, meet rising electricity demand, and integrate onshore wind, offshore wind, and battery storage across Scotland.

Key Points

Planned transmission upgrades in Scotland to move clean power via new lines and substations for a low-carbon grid.

✅ Fivefold expansion of transmission lines by 2030

✅ Enables onshore and offshore wind integration

✅ New pylons, substations, and routes face local opposition

Renewable energy in Scotland is being held back by outdated grid infrastructure, industry leaders said, with projects stuck on hold underscoring their warning that new pylons and power lines are needed to "ensure our lights stay on".

Scottish Renewables said new infrastructure is required to transmit the electricity generated by green power sources and help develop "a clean energy future" informed by a broader green recovery agenda.

A new report from the organisation - which represents companies working across the renewables sector - makes the case for electricity infrastructure to be updated, aligning with global network priorities identified elsewhere.

But it comes as electricity firms looking to build new lines or pylons face protests, with groups such as the Strathpeffer and Contin Better Cable Route challenging power giant SSEN over the route chosen for a network of pylons that will run for about 100 miles from Spittal in Caithness to Beauly, near Inverness.

Scottish Renewables said it is "time to be upfront and honest" about the need for updated infrastructure.

It said previous work by the UK National Grid estimated "five times more transmission lines need to be built by 2030 than have been built in the past 30 years, at a cost of more than £50bn".

The Scottish Renewables report said: "Scotland is the UK's renewable energy powerhouse. Our winds, tides, rainfall and longer daylight hours already provide tens of thousands of jobs and billions of pounds of economic activity.

"But we're being held back from doing more by an electricity grid designed for fossil fuels almost a century ago, a challenge also seen in the Pacific Northwest today."

Investment in the UK transmission network has "remained flat, and even decreased since 2017", echoing stalled grid spending trends elsewhere, the report said.

It added: "We must build more power lines, pylons and substations to carry that cheap power to the people who need it - including to people in Scotland.

"Electricity demand is set to increase by 50% in the next decade and double by mid-century, so it's therefore wrong to say that Scottish households don't need more power lines, pylons and substations.

Renewable energy in Scotland is being held back by outdated grid infrastructure, industry leaders said, as they warned new pylons and power lines are needed to "ensure our lights stay on".

Scottish Renewables said new infrastructure is required to transmit the electricity generated by green power sources and help develop "a clean energy future".

A new report from the organisation - which represents companies working across the renewables sector - makes the case for electricity infrastructure to be updated.

But it comes as electricity firms looking to build new lines or pylons face protests, with groups such as the Strathpeffer and Contin Better Cable Route challenging power giant SSEN over the route chosen for a network of pylons that will run for about 100 miles from Spittal in Caithness to Beauly, near Inverness.

Scottish Renewables said it is "time to be upfront and honest" about the need for updated infrastructure.

It said previous work by the UK National Grid estimated "five times more transmission lines need to be built by 2030 than have been built in the past 30 years, at a cost of more than £50bn".

The Scottish Renewables report said: "Scotland is the UK's renewable energy powerhouse. Our winds, tides, rainfall and longer daylight hours already provide tens of thousands of jobs and billions of pounds of economic activity.

"But we're being held back from doing more by an electricity grid designed for fossil fuels almost a century ago."

Investment in the UK transmission network has "remained flat, and even decreased since 2017", the report said.

It added: "We must build more power lines, pylons and substations to carry that cheap power to the people who need it - including to people in Scotland.

"Electricity demand is set to increase by 50% in the next decade and double by mid-century, so it's therefore wrong to say that Scottish households don't need more power lines, pylons and substations.

"We need them to ensure our lights stay on, as excess solar can strain networks in the same way consumers elsewhere in the UK need them.

"With abundant natural resources, Scotland's home-grown renewables can be at the heart of delivering the clean energy needed to end our reliance on imported, expensive fossil fuel.

"To do this, we need a national electricity grid capable of transmitting more electricity where and when it is needed, echoing New Zealand's electricity debate as well."

Click to subscribe to ClimateCast with Tom Heap wherever you get your podcasts

Nick Sharpe, director of communications and strategy at Scottish Renewables, said the current electricity network is "not fit for purpose".

He added: "Groups and individuals who object to the construction of power lines, pylons and substations largely do so because they do not like the way they look.

"By the end of this year, there will be just over 70 months left to achieve our targets of 11 gigawatts (GW) offshore and 12 GW onshore wind.

"To ensure we maximise the enormous socioeconomic benefits this will bring to local communities, we will need a grid fit for the 21st century."

Related News

• Electricity Forum News

• Renewable Energy News

Ontario Global Adjustment Appeal spotlights Ontario's electricity fee, regulatory charge vs tax debate, FIT contracts, green energy policy, and constitutional challenge as National Steel Car contests soaring power costs before the Ontario Superior Court.

Key Points

Court challenge over Ontario's global adjustment fee, disputing its status as a regulatory charge instead of a tax.

✅ Challenges classification of global adjustment as tax vs regulatory charge.

✅ Focuses on FIT contracts, renewable energy payments, power cost impacts.

✅ Appeals Ontario ruling; implications for ratepayers and policy.

A manufacturer of steel rail cars is pursuing an appeal after its lawsuit challenging the constitutionality of a major Ontario electricity fee was struck down earlier this year.

Lawyers for Hamilton, Ont.-based National Steel Car Ltd. filed a notice of appeal in July after Ontario Superior Court Justice Wendy Matheson ruled in June that an electricity fee known as the global adjustment charge was a regulatory charge, and not an unconstitutional tax used to finance policy goals, as National Steel Car alleges.

The company, the decision noted, began its legal crusade last year after seeing its electricity bills had “increased dramatically” since the Ontario government passed green energy legislation nearly a decade ago, and amid concerns that high electricity rates are hurting Ontario manufacturers.

Under that legislation, the judge wrote, “private suppliers of renewable energy were paid to ’feed in’ energy into Ontario’s electricity grid.” The contracts for these so-called “feed-in tariff” contracts, or FIT contracts, were the “primary focus” of the lawsuit.

“The applicant seeks a declaration that part of the amount it has paid for electricity is an unconstitutional tax rather than a valid regulatory charge,” the judge added. “More specifically, it challenges part of the Global Adjustment, which is a component of electricity pricing and incorporates obligations under FIT contracts.”

Chiefly representing the difference between Ontario’s market price for power and the guaranteed price owed to generators, global adjustment now makes up the bulk of the commodity cost of electricity in the province. The fee has risen over the past decade, amid calls to reject steep Nova Scotia rate hikes as well — costing electricity customers $37 billion in global adjustment from 2006 to 2014, according to the province’s auditor general — because of investments in the electricity grid and green-energy contracts, among other reasons.

National Steel Car argued the global adjustment is a tax, and an unconstitutional one at that because it violated a section of the Constitution Act requiring taxes to be authorized by the legislature. The company also said the imposition of the global adjustment broke an Ontario law requiring a referendum to be held for new taxes.

The province, Justice Matheson wrote, had argued “that it is plain and obvious that these applications will fail.” In a decision released in June, the judge granted motions to strike out National Steel Car’s applications.

“The Global Adjustment,” she added, “is not a tax because its purpose, in pith and substance, is not to tax, and it is a regulatory charge and therefore, again, not a tax.”

Now, National Steel Car is arguing that the judge erred in several ways, including in fact, “by finding that the FIT contracts must be paid, when they can be cancelled.”

There has been a change in government at Queen’s Park since National Steel Car first filed its lawsuit last year, and that change has put green energy contracts under fire. The Progressive Conservative government of new Premier Doug Ford has already made a number of decisions on the electricity file, such as moving to cancel and wind down more than 750 renewable energy contracts, as well as repealing the province’s Green Energy Act.

The Tories also struck a commission of inquiry into the province’s finances that warned the global adjustment “may be struck down as unconstitutional,” a warning delivered amid cases where Nova Scotia's regulator approved a 14% rate hike in a high-profile decision.

“There is a risk that a court may find the global adjustment is not a valid regulatory charge if shifting costs over a longer period of time inadvertently results in future ratepayers cross-subsidizing today’s ratepayers,” the commission’s report said.

A spokesperson for Ontario’s Ministry of Energy, Northern Development and Mines said in an email that it would be “inappropriate to comment about the specifics of any case before the courts or currently under arbitration.”

National Steel Car is also prepared to fight its case all the way up to the Supreme Court of Canada, according to its lawyer.

“What is clear from our proceeding with the appeal is National Steel Car has every intention of seeing that lawsuit through to its conclusion if this government isn’t interested or prepared to reasonably settle it,” Jerome Morse said.

Related News

• Electricity Forum News

• Energy Policy News